State ex rel. Fuller v. Eppinger
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The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s petition for a writ of habeas corpus that he filed against LaShann Eppinger, warden of the Grafton Correctional Institution, where Appellant was incarcerated, holding that the court of appeals correctly dismissed the petition for failure to state a claim.
In his petition, Appellant argued that he was entitled to immediate release because his aggregate minimum sentence for his 1992 convictions exceeded the allowable limit under former Ohio Rev. Code 2929.41(E). The court of appeals granted Eppinger’s motion to dismiss for failure to state a claim. The Supreme Court affirmed, holding that because Appellant had not completed his aggregate maximum sentence, the court of appeals correctly dismissed his petition for failure to state a claim.
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